IPC Section 376AB — Punishment for rape on woman under twelve years of age

Summary

If a person commits rape on a woman who is under twelve years old, they must be punished with at least twenty years of very strict imprisonment. This punishment can go up to life imprisonment for the rest of that person’s natural life, and can also include a fine or even the death penalty. Any fine imposed must be fair and reasonable, and it will be used to cover the victim’s medical expenses and rehabilitation, and must be paid directly to the victim.

Official Text

Whoever, commits rape on a woman under twelve years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and with fine or with death:1
Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim:


Provided further that any fine imposed under this section shall be paid to the victim.

Related Judgments

• S.C.R. 1 1 SHATRUGHNA BABAN MESHRAM v. STATE OF MAHARASHTRA — Supreme Court of India (2020)
• SC (2024) Vol.2 p.111 — Supreme Court of India (2024)
• S.C.R. 662 STATE OF RAJASTHAN & ORS v. SANYAM LODHA — Supreme Court of India (2011)
• MODERN TERRY TOWEL LTD v. SOLANKI MULJIBHAI REVABHAI HAR — Supreme Court of India (S)
• S.C.R. 727 PUSHPANJALI SAHU v. STATE OF ORISSA & ANR — Supreme Court of India (2012)
• S.C.R. 136 SHIMBHU AND ANR v. STATE OF HARYANA — Supreme Court of India (2013)
• SC (2008) Vol.10 p.983 — Supreme Court of India (2008)
• ... Appellant/Accused vs The State of Tamil Nadu — Madras High Court (2007)